The Supreme Court in its judgment of 2 January 2007 case file V CSK 311/06 held that it is contrary to good customs/practice to introduce into the market of a product that is generically equivalent to existing goods that are produced by another manufacturer, if the attraction of the attention of customers was caused by the similarity of the packages that created positive associations in the minds of customers’ of the product previously introduced. This case concerned food packaging and labels of spices that were sold under brands Kucharek and Vegeta.

Categories: Art. 3(1) CUC | case law | knock-offs | look-alikes | parasitic copying | parasitic imitation | Polish Act on Combating Unfair Competition | Polish Supreme Court | slavish imitation | unfair competition delict | unnamed delict.